Raytheon Applied Signal Technology, Inc. v. Emerging Markets Communications, Inc. et al

Filing 166

ORDER re 160 Status Report, filed by Emerging Markets Communications, Inc., Comtech EF Data Corporation, EMC Satcom Technologies, Inc., Applied Signal Technology, Inc.. Signed by Judge ARMSTRONG on 9/13/10. (lrc, COURT STAFF) (Filed on 9/13/2010)

Applied Signal Technology, Inc. v. Emerging Markets Communications, Inc. et al

Doc. 166

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Joseph E. Walsh, Jr. (admitted pro hac vice) [e-mail] Rudolph A. Telscher (admitted pro hac vice) [e-mail] Douglas A. Robinson (admitted pro hac vice) [e-mail] HARNESS DICKEY & PIERCE, P.L.C. 7700 Bonhomme, Suite 400 St. Louis, MO 63105 Tel: [phone]; Fax: [phone] Philip J. Wang, Bar No. 218349 [e-mail] The Law Office of Philip J. Wang 160 Bovet Road, Suite 310 San Mateo, CA 94402-3100 Tel: [phone] Attorneys for Emerging Markets Communications, Inc. and EMC Satcom Technologies, LLC UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA OAKLAND DIVISION APPLIED SIGNAL TECHNOLOGY, INC. Plaintiff, v. EMERGING MARKETS COMMUNICATIONS, INC., EMC SATCOM TECHNOLOGIES, INC., PARADISE DATACOM, LLC, and VIASAT, INC., Defendants. JOINT STATUS REPORT ON THE PROGRESS OF SETTLEMENT BETWEEN APPLIED SIGNAL TECHNOLOGY, INC., COMTECH EF DATA CORP., EMERGING MARKETS COMMUNICATIONS, INC., AND EMC SATCOM TECHNOLOGIES, INC. AND REQUEST FOR EXTENSION OF RELIEF FROM THE CASE MANAGEMENT SCHEDULING CONFERENCE ORDER

Case No. 09-CV-02180-SBA

AND RELATED COUNTERCLAIMS

09-CV-02180-SBA (BZ)

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Joint Status Report on Settlement Between AST, Comtech, and EMC and Req. for Ext. of Relief.
Dockets.Justia.com

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Further to the Court's order dated August 12, 2010 (Dkt. No. 153), defendants Emerging Markets Communications, Inc., EMC Satcom Technologies, Inc. (collectively "EMC"), plaintiff and counter-defendant, Applied Signal Technology, Inc. ("AST"), third-party defendant Comtech EF Data Corp. ("Comtech"), submit this joint status report on the progress of settlement. As previously reported to the Court, AST, Comtech, and EMC agreed at the settlement conference before Magistrate Judge Zimmerman to settle their dispute. AST and Comtech have since provided a written draft settlement license proposal, and the parties are in general agreement on most license terms, though certain terms are still subject to ongoing negotiation. However, due to a number of factors, including the complexity of the expected license agreement between the parties and various summer vacation and travel schedules, including of party principals, the parties have been unable to finalize their agreement. Nonetheless, the parties remain confident that a final settlement license agreement will be reached. As such, the parties respectfully and jointly stipulate and request that the Court extend its August 12 order granting relief from the Case Management Conference Scheduling Order for a period of three weeks, to September 24, 2010. The parties will continue to work dilligently during this time to finalize their settlement license agreement, which the parties continue to expect will result in the dismissal of the EMC entities from this litigation. Date: September 3, 2010 SANDERS & PARKS P.C. /s/ Rick N. Bryson Rick N. Bryson ATTORNEYS FOR PLAINTIFF/COUNTERDEFENDANT APPLIED SIGNAL TECHNOLOGY AND THIRD-PARTY DEFENDANT COMTECH EF DATA CORP.

09-CV-02180-SBA (BZ)

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Joint Status Report on Settlement Between AST, Comtech, and EMC and Req. for Ext. of Relief.

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Date: September 3, 2010

HARNESS, DICKEY & PIERCE, PLC /s/ Rudolph A. Telscher Rudolph A. Telscher ATTORNEYS FOR DEFENDANTS EMERGING MARKETS COMMUNICATIONS, INC. and EMC SATCOM TECHNOLOGIES, INC.

09-CV-02180-SBA (BZ)

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Joint Status Report on Settlement Between AST, Comtech, and EMC and Req. for Ext. of Relief.

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09-CV-02180-SBA (BZ)

DECLARATION OF CONSENT Pursuant to General Order No. 45, Section X(B) regarding signatures, I attest under penalty of perjury that concurrence in the filing of this document has been obtained from Rick N. Bryson. Date: September 3, 2010 HARNESS, DICKEY & PIERCE, P.L.C. /s/ Rudolph A. Telscher Rudolph A. Telscher Attorneys for Defendants EMERGING MARKETS COMMUNICATIONS, INC. AND EMC SATCOM TECHNOLOGIES, INC.

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Joint Status Report on Settlement Between AST, Comtech, and EMC and Req. for Ext. of Relief.

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09-CV-02180-SBA (BZ)
60716690.1

ORDER Pursuant to stipulation, it is hereby ordered that the Court's August 12, 2010 order (Dkt. No. 153) granting relief from the Case Management Conference Scheduling Order is extended to September 24, 2010. Plaintiff Applied Signal Technology, Inc. shall file a notice of dismissal, or a joint status report with EMC on the progress of settlement, by September 24, 2010. Dated: 9/13/10 ________________________________________ SAUNDRA BROWN ARMSTRONG JUDGE, UNITED STATES DISTRICT COURT

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Joint Status Report on Settlement Between AST, Comtech, and EMC and Req. for Ext. of Relief.